Brazil

Succession: Tax: Geographic

Legítima (forced heirship 50%), meação (spousal share), ITCMD state tax, inventário/arrolamento

Brazilian succession rules: meação (community property split), legítima (forced heirship), inventário process types, cartório attestation, disponível (testamentary freedom portion), and união estável (stable union recognition).

Maintained by Testate Technologies Ltd
We're looking for a jurisdiction partner to co-maintain this extension — bringing local legal expertise while we handle the schema engineering. Get in touch →

Extension Fields

Field Type Req Description
cartorioAttestation object Details of notarial attestation at a Brazilian cartório (notary office)
disponivel object Disponível — the freely disposable portion of the estate (50% after legítima). The testator may bequeath this to anyone
inventarioType object Type of inventário (estate inventory and distribution process)
itcmdRate object ITCMD (Imposto sobre Transmissão Causa Mortis e Doação) — state-level inheritance tax rate. Varies by state, capped at 8% by the Federal Senate
legitima object Legítima — the mandatory 50% of the estate reserved for compulsory heirs (herdeiros necessários: descendants, ascendants, surviving spouse). Brazilian Civil Code Art. 1.846
meacao object Meação — the surviving spouse's 50% community property entitlement that is separated before succession begins. Not an inheritance share — it is the spouse's own property
notes string
uniaoEstavel object União estável (stable union) — recognised as equivalent to marriage for inheritance purposes under Brazilian law (Art. 1.723 Civil Code). A partner in a stable union has the same inheritance rights as a spouse

At a Glance

Get in touch

Have a question about Brazil or want to contribute? We'd love to hear from you.

Subject: Jurisdiction Enquiry — Brazil

Get in touch

Have a question about INHERIT, or interested in becoming a partner? We'd love to hear from you.

or email hello@openinherit.org